Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943768580.pdf (Uganda)
Computer Misuse Act Cross reference ACTS SUPPLEMENT No.2 ACTS SUPPLEMENT to The Uganda Gazelle No.

10 Volume C1V dated 14th February, 2011.

Printed by UPPC, Entebbe, by Order of the Government.

1.

Commencement.

Interpretation.

2.

PART II-GENERAL 3.

Securing access.

4.

Using a program.

5.

Authorised access.

6.

References.

7.

Modification of contents.

8.

Unauthorised modification.

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Preservation Order.

1O.

Disclosure of preservation Order.

11.

Production Order.

PART IV-COMPUTER MISUSE OFFENCES.

12.

Unauthorised access.

13.

Access with intent to commit or facilitate commission of further offence.

14.

Unauthorised modification of computer material.

15.

Unauthorised use or interception of computer service.

16.

Unauthorised obstruction of use of computer.

17.

Unauthorised disclosure of access code.


1 24 for offences involving protected computers.

18.

Unauthorised disclosure of information.

19.

Electronic fraud 20.

Enhanced punislunent 21.

Abetments and attempts.

22.

Attempt defined.

23.

Child pornography.

24.

Cyber harassment.

25.

Offensive communication.

26.

Cyber stalking.

27.

Compensation.

Search and seizure.

28.

29.

Administratively and evidential weight of a data message or an electronic record.

30.

Territorial jurisdiction.


Jurisdiction of courts.

31.

Power of Minister to amend Schedule to this Act.

32. and abuse An Act to make provision for the safety and security of electronic unlawful transactions access, including computers electronic and to provide for other and to make provision transactions in a trustworthy related matters.
the conduct of environment information of systems; information to prevent systems for securing or misuse electronic P-A-RL-lAM--E-N'="T A":"":R::Y:-L:-:I::-B=-RA:-;R:::-:y-;l P. O.

Box 717-8.

KAMPALA Commencement.

1.

This Act shall come into force on a date appointed by the Minister by statutory instrument Interpretation.

2.
In this Act, unless the context otherwise requires- Act 2 Computer Misuse Act 2011 Act 2 Computer Misuse Act 2011 "access" means gaining entry to any electronic system or data held in an electronic system or causing the electronic system to - perform any function to achieve that objective; "application" means a set of instructions that, when executed in a computer system, causes a computer system to perform a function and includes such a set of instructions held in any removable storage medium which is for the time being in a computer system; device or a group of "computer" means an electronic, magnetic, optical, electrochemical such or other data processing interconnected logical, related devices, arithmetic or storage functions; and includes any data storage facility or communications facility directly related to or operating in conjunction with such a device or group of such interconnected or related devices; performing or "computer output" or "output" means a statement, information in written, printed, pictorial, or representation, whether graphical or other form- (a) produced by a computer; or (b) accurately representation so produced from a computer; translated from a statement or "computer service" includes computer time, data processing and the storage retrieval of data; "content" includes components of computer hardware and software; "damage" means any impairment to a computer or the integrity or availability of data, program, system or information that- (a) causes any loss; (b) modifies or impairs or potentially modifies or impairs treatment or care the medical examination, diagnosis, of one or more persons; (c) causes or threatens physical person; or injury or death to any "data" means electronic representations of information III any form; "data message" means data generated, sent, received or stored by computer means; and includes- (a) voice, where transaction; and the voice is used in an automated "electronic device", "acoustic device", or "other device" means any device or apparatus that is used or
 is capable of being used to intercept any function of a computer; "electronic record" means data which is recorded or stored on any medium in or by a computer or other similar device, that can be read or perceived by a person or a computer system or other a display, printout or other out put of that data; similar device and includes "function" includes logic, control, arithmetic, deletion, storage, to , and communication telecommunication or retrieval from or within a computer; "currency point" means the value of a currency point specified "information" includes data, text, images, sounds, codes, in the Schedule; computer programs, software and databases; 5 Act 2 Computer Misuse Act 2011 Act 2 Computer Misuse Act "information system" means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages; other the and information sharing system; includes internet any or "information includes a provisIOn system services" of for information systems, connections, operation facilities, the provision the transmission or routing of data messages between or among points specified by a user and the processing and storage of data, at the individual request of the recipient of the service; to information of access systems, "intercept", includes in relation to a function of a computer, listening to or recording a function of a computer or acquiring the substance, meaning or purport of such a function; "Minister" means the Minister responsible for information and communications technology; "person" includes any company or associatIOn or body of persons corporate or unincorporate; "program" or "computer or program" means data representing in a that, when executed instructions computer, causes the computer to perform a function; statements "traffic any data computer data" means to communication by means of a computer system generated in the chain of by a computer system that formed a part origin, communication, destination, time, date, size,
 duration or type of route, underlying service.
indicating the communication's relating Securing access.

3.

A person secures access to any program or data held in a computer if that person- (a) views, alters or erases the program or data; (b) copies or moves it to any storage medium other than that in which it location in the storage medium in which it is held; is held or to a different (c) uses or destroys it; or (d) causes it to be output from the computer in which it is held whether by having it displayed or in any other manner.

Using a program.
Using a program.

4.

A person uses a program if the function he or she causes the computer to perform- 5.

Authorised access.

Access by a person to any program or data held in a computer authorised if- is (a) (b) the person is entitled to control access to the program or data in question; or the person has consent to access that program or data from any person who is charged with giving that consent.

6.

References.
6.

References.

(1) A reference to a program or data held in a computer includes a reference to any program or data held in any removable storage medium and a computer may be regarded as containing any program or data held in any such medium.

(2) A reference to a program includes a reference to part of a program.

7.

Modification of contents.


A modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer connected to it result into-- (a) a program, data or data message held In the computer concerned being altered or erased; or 8.

Unauthorised modification.


Modification is unauthorised if- (a) the person whose act causes it, is not entitled to determine whether the modification should be made; and (b) he or she does not have consent to the modification from a person who is entitled.

9.

Preservation Order.


(1) An investigative officer may apply to court for an order for the expeditious preservation of data that has been stored or processed and by means of a computer communication technologies, where there are reasonable grounds to believe that such data is vulnerable to loss or modification.

system or any other information (2) For the purpose of subsection (1), data includes traffic data and subscriber information.
(a) until such time as may reasonably be required for the investigation of an offence; or (b) where prosecution is instituted, until the final determination of the case or until such time as the court deems fit.

Act 2 Computer Misuse Act 2011 investigative 10.

Disclosure of preservation Order.


of a criminal The investigation or the prosecution of an offence, apply to court for an order for the disclosure of- officer may, the purpose for (a) (b) irrespective of whether one or more all preserved data, service providers were involved in the transmission of such data; or sufficient data to identify the service providers and the path through which the data was transmitted; or electronic key enabling access to or the interpretation of data.

11.

Production Order.


(1) Where the disclosure of data is required for the purposes of an of an offence, a criminal investigative officer may apply to court for an order compelling- the prosecution investigation or (a) any person to submit specified data in that person's possession or control, which is stored in a computer system; and (b) any service subscriber service provider's possession or control.
to submit its information in relation to such services in that provider services offering (2) Where any material to which an investigation relates consists of data stored in a computer, computer system or preserved by any mechanical or electronic device, shall be deemed to require the person to produce or give access to it in a form in which it can be taken away and in which it is visible and legible.

the request 12.

Unauthorised access.


(1) A person who intentionally accesses or intercepts any program or data without authority or permission to do so commits an offence.

9 Act 2 Computer Misuse Act 2011 (2) A person who intentionally and without authority to do so, interferes with data in a manner that causes the program or data to be modified, damaged, destroyed or rendered ineffective, commits an offence.
(3) A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any including a computer program or a component which is device, designed primarily to overcome security measures for the protection of data or performs any of those acts with regard to a password, access code or any other similar kind of data, commits an offence.
(4) A person who utilises any device or computer program specified in subsection (3) in order to unlawfully overcome security the program or data or access to that measures designed to protect program or data, commits an offence.

(5) A person who accesses any information system so as to constitute a denial including a partial denial of service to legitimate u~ers commits an offence.
(6) The intent of a person to commit an offence under this section need not be directed at- (a) (b) (c) any particular program or data; a program or data of any particular kind; or a program or data held in any particular computer.

(7) A person who commits an offence under this section is liable on conviction to a fine not exceeding two hundred and forty currency points or imprisonment not exceeding ten years or both.

13.

Access with intent to commit or facilitate the commission of a further offence.
(1) A person who commits any acts specified under section 12 with intent to- (a) (b) commit any other offence; or facilitate the commission of any other offence, Act 2 Computer Misuse Act 2011 (2) T~e offence to be facilitated under subsection (1)(b) may be one commItted by the person referred to in subsection (1) or by any other person.
(3) It is immaterial for the purposes of this section whether the this section is committed on the same occasion as the act under offence under section 12 or on any future occasion.

(4) A person who commits an offence under this section is liable on.convic~ion ~oa fine not exceeding two hundred and forty currency pomts or Impnsonment not exceeding ten years or both.

14.

Unauthorised modification of computer material.
(1) A person who- (a) does any act which causes an unauthorised modification of the contents of any computer; and (b) has the requisite intent and the requisite knowledge at the time when he or she does the act, (2) For the purposes of subsection (1)(b) the requisite intent is an intent to cause a modification of the contents of any computer and by doing so- (a) to impair the operation of any computer; (b) (c) to prevent or hinder access to any program or data held in any computer; or to impair reliability of any such data.
the operation of any such program or the (3) The intent under subsection (1)(b) need not be directed at- commits an offence.

(a) any particular computer; Act 2 Computer Misuse Act 2011 Act 2 Computer Misuse Act 2011 (b) (c) any particular program or data or a program or data of any particular kind; or any particular modification particular kind.
or a modification of any (4) For the purposes of subsection (1)(b) the requisite know ledge is knowledge that any modification that the person intends to cause is unauthorised.

(5) It is immaterial for the purposes of this section whether an unauthorised modification or any intended effect of it of a kind specified in subsection (2) is intended to be permanent or temporary.
(6) A person who commits an offence under this section is liable on conviction, to a fine not exceeding three hundred and sixty currency points or imprisonment not exceeding fifteen years or both.

15.

Unauthorised use or interception of computer service.
(1) Subject to subsection (2), a person who knowingly- (a) (b) (c) secures access to any computer without authority for the purpose of obtaining, directly or indirectly, any computer servIce; intercepts or causes to be intercepted without authority, directly or indirectly, any function of a computer by means of an electro-magnetic, or other device whether similar or not; or acoustic, mechanical uses or causes the to be used, directly or computer or any other device for the purpose of committing an offence under paragraph (a) or (b), indirectly, commits an offence and is liable on conviction to a fine not exceeding two hundred and forty currency points or not ten years or both; and in the case of a subsequent exceeding conviction, to a fine not exceeding three hundred and sixty currency points or imprisonment not exceeding fifteen years or both.
to imprisonment 12 (2) If any damage is caused as a result of an offence under this section, a person convicted of the offence is liable to a fine not exceeding or and sixty imprisonment not exceeding seven years or both.

one hundred currency points eight (3) For the purposes of this section, it is immaterial that the unauthorised access or interception is not directed at- 16.

Unauthorised obstruction of use of computer.
A person who, knowingly and without authority or lawful excuse- (a) (b) interferes with or interrupts or obstructs the lawful use of, a computer; or impedes or prevents access to or impairs the usefulness or effectiveness of any program or data stored in a computer, commits an offence and is liable on conviction to a fine not exceeding two hundred and forty currency points or not exceeding ten years or both; and in the case of a subsequent to a fine not exceeding three hundred and sixty currency conviction, points or imprisonment not exceeding fifteen years or both.
to imprisonment 17.

Unauthorised disclosure of access code.

(1) A person who knowingly and without authority discloses any password, access code or any other means of gaining access to any program or data held in any computer knowing or having reason to believe that it is likely to cause loss, damage or injury to any person or property, commits an offence.
Act 2 Computer Misuse Act 2011 Act 2 Computer Misuse Act 2011 (2) A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding two hundred and forty currency points or to imprisonment not exceeding ten years or both; and in the case of a subsequent conviction, to a fme not exceeding three hundred and sixty currency points or imprisonment not exceeding fifteen years or both.

18.

Unauthorised disclosure of information.
(2) For the purposes of subsection (1), a computer is treated as a "protected computer" if the person committing the offence knows or ought reasonably to have known, that the computer or program or data is used directly in connection with or necessary for- (a) the security, defence or international relations of Uganda; (1) Except for the purposes of this Act or for any prosecution for an offence under any written law or in accordance with an order of court, a person who has access to any electronic data, record, book, register, or any other information, material, shall not disclose to any other person or use for any other purpose other than that for which he or she obtained access.
correspondence, document (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding two hundred and forty currency points or imprisonment not exceeding ten years or both.

19.

Electronic fraud.

(1) A person who carries out electronic fraud commits an offence and is liable on conviction to a fine not exceeding three hundred and sixty currency points or imprisonment not exceeding fifteen years or both.
(2) For the purposes of this section "electronic fraud" means deception, deliberately performed with the intention of securing an unfair or unlawful gain where part of a communication is sent through a computer network or any other communication and another part through the action of the victim of the offence or the action is performed through a computer network or both.

invol \'lllg protected punishment 20.

Enhanced computers.
Enhanced computers.

(1) Where access to any protected computer for offences is obtained in the course of the commission of an offence under section 12, 14, 15 or 16, the person convicted of an offence is, instead of the punishment prescribed in those sections, liable on conviction, to imprisonment for life.
(b) (c) (d) the existence information relating to the enforcement of a criminal of a confidential source of law; identity or the provision of services directly related to communications infrastructure, public and financial banking utilities or public key infrastructure; or services, the protection of public safety including systems related to essential emergency services such as police, civil defence and medical services.
(3) For the purposes of any prosecution under this section, it shall be presumed, until the contrary is proved, that the accused has the requisite knowledge referred to in subsection (2).

21.

Abetment and attempts.

(1) A person who abets another person in committing an offence under this Act, commits that offence and is liable on conviction to the punishment prescribed for the offence.
(2) Any person who attempts to commit any offence under this to the and is liable on conviction that offence Act commits punishment prescribed for the offence.

22.

Attempt defined.


(1) When a person, intending to commit an offence, begins to put his or her intention into execution by means adapted to its fulfillment, and manifests his or her intention by some overt act, but does not fulfill his or her intention to such an extent as to commit the offence, he or she is deemed to attempt to commit the offence.
15 Act 2 Computer Misuse Act (2) It is immaterial- (a) except so far as regards punishment, whether the offender does all that is necessary on his or her part for completing the commission of the offence, or whether the complete by fulfillment circumstances independent of his or her will, or whether the offender desists of his or her own motion from the further prosecution of his or her intention; or of his or her is prevented intention (c) realistic images representing children engaged in sexually suggestive or explicit conduct.
(4) A person who commits an offence under this section is liable on conviction to a fine not exceeding three hundred and sixty currency points or imprisonment not exceeding fifteen years or both.

24.

Cyber harassment.

(1) A person who commits is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.

cyber harassment (b) that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.
(2) For purposes of this section cyber harassment is the use of a computer for any of the following purposes- 23.

Child pornography.
Child pornography.

(1) A person who- (a) produces distribution through a computer; child pornography for the purposes of its (b) offers or makes available child pornography through a computer; (c) distributes computer; or transmits child pornography through a (d) procures child pornography through a computer for himself or herself or another person; or (e) unlawfully possesses child pornography on a computer, commits an offence.
(2) A person who makes available pornographic materials to a child commits an offence.
(3) For the purposes of this section "child pornography" includes pornographic material that depicts- (a) (b) a child engaged in sexually suggestive or explicit conduct; a person appearing to be a child engaged in sexually suggestive or explicit conduct; or 16 (a) making any request, suggestion or proposal which is obscene, lewd, lascivious or indecent; (b) threatening to inflict or property of any person; or injury or physical harm to the person (c) knowingly permits any electronic communications device to be used for any of the purposes mentioned in this section.
person who willfully 25.

Offensive communication.

Any electronic and communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanor and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

repeatedly uses 26.

Cyber stalking.


Any person who willfully, maliciously, and repeatedly uses electronic communication to harass another person and makes a threat with the intent to place that person in reasonable fear for his or her safety or to a member of that person's immediate family commits the crime of cyber stalking and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both.

27.

Compensation.
27.

Compensation.

Where a person is convicted under this Act, the court shall in addition to the punishment provided therein, order such person to pay by way of compensation to the aggrieved party, such sum as is in the opinion of the court just, having regard to the loss suffered by the aggrieved party; and such order shall be a decree under the provisions of the Civil Procedure Act, and shall be executed in the manner provided under that Act.

28.

Searches and seizure.


(1) Where a Magistrate is satisfied by information given by a police officer that there are reasonable grounds for believing- (a) (b) that an offence under this Act has been or is about committed in any premises; and to be that evidence that such an offence has been or is about to be committed is in those premises, the Magistrate may issue a warrant authorising a police officer to enter and search the premises, using such reasonable force as is necessary.
(2) An authorised officer may seize any computer system or take any samples or copies of applications or data- (a) (b) that is concerned in or is on reasonable grounds believed to be concerned in the commission or suspected commission of an offence, whether within Uganda or elsewhere; that may afford evidence of the commission or suspected commission of an offence, whether within Uganda or elsewhere; or (c) that is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence.
(3) A computer system referred to in subsection (2) may be seized or samples or copies of applications or data may be taken, only by virtue of a search warrant.

Act 2 Computer Misuse Act 2011 (4) The provisions of section 71 of the Magistrates Court's Act apply with the necessary modifications to the issue and execution of a search warrant referred to in subsection (3).
(5) An authorised officer executing a search warrant referred to in subsection (3), may- (a) (b) at any time search for, have access to and inspect and check the operation of any computer system, application or data if that officer on reasonable grounds believes it to be necessary to facilitate the execution of that search warrant; a person having charge of or being otherwise require concerned with the operation, or care of a computer system, application or data to provide him or her with the reasonable that may be required to facilitate the execution of that search warrant; and assistance custody (c) compel a service provider, within its existing technical capability- (i) (ii) to collect technical means; or or record through the application of to co-operate and assist the competent authorties in the collection or recording of traffic data in real time, associated with specified communication transmitted by means of a computer system.
(6) In seizing any computer system or taking any samples or any of the actions copies of applications referred to in subsection (5), an authorised officer shall have due regard to the rights and interests of a person affected by the seizure to carry on his or her normal activities.
or data or performing (7) A person who obstructs, hinders or threatens an authorised officer in the performance of his or her duties or the exercise of his or her powers under this section commits an offence and is liable on conviction points or to a fine not exceeding imprisonment not exceeding six months or both.
currency twelve 19 Act 2 Computer Misuse Act 2011 (8) A computer system seized or samples or copies of applications or data taken by the authorised officer shall be returned within seventy two hours unless the authorised officer has applied for and obtained an order in an inter party application for extension of the time.
"authorised officer" means a police offiGer who has obtained an authorising warrant under subsection (1); and "premises" includes land, buildings, movable structures, vehicles, vessels, aircraft and hover craft.

29.

Admissibility and evidential weight of a data message or an electronic record.
(1) In any legal proceedings, the rules of evidence shall not be applied so as to deny the admissibility of a data message or an electronic record- (a) merely on the ground that it message or an electronic record; is constituted by a data (b) if it is the best evidence that the person adducing it could reasonably be expected to obtain; or (c) merely on the ground that it is not in its original form.
(2) A person seeking to introduce a data message or an electronic record in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic record is what the person claims it to be.

(3) Subject to subsection (2), where the best evidence rule is applicable in respect of an electronic record, the rule is satisfied upon proof of the authenticity of the electronic records system in or by which the data was recorded or stored.
(4) When assessing the evidential weight of a data message or an electronic record, the court shall have regard to-- Act 2 Computer Misuse Act 2011 (a) (b) (c) the reliability of the manner in which the data message was generated, stored or communicated; the reliability of the manner in which the authenticity of the data message was maintained; the manner in which the originator of the data message or electronic record was identified; and (5) The authenticity of the electronic records system in which an in the absence of electronic record is recorded or stored shall, evidence to the contrary, be presumed where- (a) (b) (c) there is evidence that supports a finding that at all material times the computer system or other similar device was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic record and there are no other reasonable grounds on which to doubt the authenticity of the electronic records system; it is established that the electronic record was recorded or stored by a party to the proceedings who is adverse in interest to the party seeking to introduce it; or it is established that the electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not record or store it under the control of the party seeking to introduce the record.
(6) For the purposes of determining whether an electronic record is admissible under this section, evidence may be presented in respect of any set standard, procedure, usage or practice on how electronic records are to be recorded or stored, with regard to the type of business or endeavours that used, recorded or stored the electronic record and the nature and purpose of the electronic record.
20 21 (7) For the avoidance of doubt, this section does not modify the of common law or a statutory rule relating to the admissibility records, except the rules relating to authentication and best evidence.

30.

Territorial jurisdiction.

Computer Misuse Act SCHEDULE (1) Subject in relation to any person, whatever his or her nationality or citizenship and whether he or she is within or outside Uganda.
this Act shall have effect, to subsection (2), (2) Where an offence under this Act, is committed by any person in any place outside Uganda, he or she may be dealt with as if the offence had been committed within Uganda.

(3) For the purposes of this Act, this section applies if, for the offence in question- (b) the computer, program or data was material time.

in Uganda at the 31.

Jurisdiction of courts.


A court presided over by a chief magistrate or magistrate grade I has jurisdiction in this Act and, all offences anything to the contrary in any written law, has notwithstanding power to impose the full penalty or punishment in respect of any offence under this Act.

to hear and determine 32.

Power of Minister to amend Schedule The Minister may by statutory instrument with the approval of the Cabinet, amend the Schedule to this Act.